Tag Archives: Politics

Constitutional Theory: A Means to an End?

Jack Goldsmith recently reviewed John Yoo’s new book on presidential power. Goldsmith, you might recall, was named under George W. Bush to head the Department of Justice’s Office of Legal Counsel, where he ended up repudiating Yoo’s torture memos.

Goldsmith spends a lot of time discussing the history of a strong executive, and how liberals used to like it and conservatives hated it, and how that has changed since Reagan. He also discusses at length the Federalist Papers, as all such articles do.

But let me boil it all down for you, because here is the money quote:

“…constitutional theory is usually grounded in a theory of preferred outcomes.”

So take that, not just John You, but John Roberts, and Tony Scalia, and every other snotty jurist who thinks he or she has a monopoly on understanding the constitution.

Tea Party Goes Racist

In a tea party-led protest of the health care bill outside the US Capitol yesterday, protesters started chanting the N-word at John Lewis, a black congressman from Georgia and a giant of the civil rights movement. I understand (although don’t agree with) fighting against the health care bill, but yelling racial epithets at anyone, let alone 70-year old men, is another clue that, as I’ve discussed before, parts of the tea party are crazy.

Judge Posner v. Justice Roberts on Gun Control

As usual, Judge Posner is erudite and concise in his discussion of the Supreme Court’s recent Heller decision regarding gun control in Washington DC. And he manages to incorporate a broader discussion on the merits of political vs. legislative action on controversial issues (eg. abortion).

Is Ireland Tougher Than America?

The Wall Street Journal wrote an article yesterday about the austerity measures Ireland has imposed to deal with its burgeoning deficit in the wake of its massive housing bust. Ireland’s current deficit is 12% of GDP, just behind Greece’s 12.7%, and not that far from our 10.6%. So what did Ireland do to address its budget deficit? Cut teacher and police salaries 15%. Reduced civil servant pay. Increased taxes across the board. People are having to skimp and make do as a consequence, but Ireland was also able to issue debt with a yield 150 basis points below Greece’s recent issuance. Ireland did what needed to be done.

Contrast that with the US, which also has yawning deficits, at the federal, state and local levels. Can you imagine what would happen here if a politician suggested cutting police pay by 15%? The police unions would raise a shitstorm of fear about rising crime rates. Politicians would elbow each other out of the way to say who was “toughest on crime.” Hell, the police would probably end up with a raise. I’m not saying that cutting police pay is a panacea; what I’m saying is that spending is going to have to go down, and taxes are going to have to go up. And instead of posturing about being tough on crime, we need to do what is really tough: admit that the party is over and it’s time to cut back. If Ireland can do it, so can we.

Goldman Sachs Helps Bankrupt Greece

Here is economist Simon Johnson’s take on the news that Goldman Sachs helped Greece hide the overwhelming debt that is currently forcing the European Union to bail out the birthplace of democracy.

The Crazy Corner of the Tea Party

I understand the feeling of the Tea Party that government isn’t responsive to the public, and that government is too big. I even understand, although strongly disagree with, the Tea Party view that government just transfers money from hard working Americans to lazy ones. But as this NY Times article makes clear, there are parts of the Tea Party movement that share the paranoid, New World Order fears which have populated certain right-wing movements for decades. When reading the quotes from some of these people, I find it difficult to conclude anything other than that they are unhinged from reality.

Benefits to U.S. of International Organizations

Historian David Kennedy wrote an interesting article in The Atlantic about how President Wilson tried to bridge the realist and idealist camps of American foreign policy by setting up the League of Nations. Kennedy describes how the League failed, but how the UN, the IMF and other international organizations have generally managed to recognize the primacy of sovereign states and acknowledge the power of the United States while making the world “safe for democracy,” in Wilson’s words. The article is a good primer on why even the world’s most powerful nation can benefit from strong international organizations.

Why Health Care is a Disaster

Today’s Wall Street Journal had a must read story with an example of why health care costs are out of control, and why a significant overhaul is going to be needed to fix them. In 2007 a major study demonstrated that in most cases, inserting a stent (a $15,000 procedure) to help chest pain was no more effective than using drugs alone. The study laid out the circumstances in which this was the case, and made clear that performing a stress test to determine the cause of the chest pain was a good idea before inserting a stent. The head of the American College of Cardiology called the study a “blockbuster.” Awesome: fewer surgical procedures, cheaper health care, same outcome. Good news, right?

Wrong! The study made no change in the number of stent procedures in the US. Why? Well for one thing, cardiologists make $900 per stenting procedure, which is why the average interventional cardiologist makes $500,000 per year, up 22% over the last decade after adjusting for inflation. As the author of the study put it, “What’s going to continue to drive practice is reimbursement.” But if the only challenge was the greed of doctors (regular Thoughtbasket readers know how I feel about doctors who see their practice as a path to riches), that could be addressed. Insurance companies could just pay less.

But insurance companies face a competitive problem: if one cuts payment for stents, maybe customers will go to another insurance company that doesn’t. Plus, since insurance companies usually mark up the cost of procedures anyway, they often don’t have a great incentive to push down the price doctors charge.

When Washington state tried to use the study to change its Medicaid rates, and wanted additional data, the stent makers and cardiologists in the state (including the cardiologists at the University of Washington…employees of the state!) refused to cooperate. Washington had to give up.

And patients get some blame too: as one cardiologist put it, if your doctor says “let’s try drugs first, and then maybe we’ll stent later,” you are likely to just find a doctor who will stent immediately. Americans tend to expect an immediate fix from their doctors.

So doctors, insurance companies and patients all essentially conspire to have unnecessary treatments that cost about $5 billion per year. That is $5 billion, each year, or 5% of the total cost of the health care bill currently in Congress. If something so simple and so clear is so hard to fix, how do we expect to bring other health care costs down?

Grover Norquist is a Terrible Person

Grover Norquist, founder of Americans for Tax Reform, inventor of the “starve the beast” approach to government, and hater of all things that aren’t middle or upper class, showed in today’s Wall Street Journal why he is so terrible. As he was shoveling snow outside ATR’s headquarters, he said:

“Think about it…a government which can’t plow the streets and can’t fix the potholes wants to tell us how our toilets should flush, what size cars we should drive and whether we should paper or plastic when we buy our groceries.”

Let’s ignore the piss-poor parallelism of his statement, as well as his conflation of local and national government initiatives, because that is mostly stupid, as opposed to mean, to focus on the substance of his remark. Because what he is saying is that since he and his fellow low tax crusaders have starved governments of the revenue needed to perform basic services (eg. plowing snow), government is therefore incompetent, and thus shouldn’t be trusted to do anything. I know, that is the entire modus operandi of starving the beast, but rarely do you get him to say it so clearly and cruelly.

This is How Republicans Win

Because Frank Luntz comes up with catchy, albeit false, lines. He is a master (and I do mean master…you have to respect his talents, even if he uses them in a bad cause) at creating a narrative that appeals to the average American. Read about him here and here.